Sleeping During Breaks: Is It Justifiable?
Can the worker/staff sleep during the lunch and/or snacks breaks? Is sleeping during working hours (I am talking about the lunch/dinner/breakfast/snacks/tea breaks) justifiable as per the Factories Act?
Your valuable inputs are highly appreciated!
Regards
From India, Pune
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47Can the worker/staff sleep during the lunch and/or snacks breaks? Is sleeping during working hours (I am talking about the lunch/dinner/breakfast/snacks/tea breaks) justifiable as per the Factories Act?
Your valuable inputs are highly appreciated!
Regards
From India, Pune
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Hi Sleeping or rest in proper place during the Lunch & or Snacks Breaks, not against the discipline.
From India, New Delhi
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From India, New Delhi
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dear parshant, break time is seprate from working hours. it is not calculated under working hours, so let them sleep in break times. with regards
From India, New Delhi
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From India, New Delhi
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Dear Prashant,
Let us assume that the worker's house is close by, and he goes home during the lunch break. The possibility is that after his lunch, he may take a short nap. This is not visible to you, so it goes unnoticed.
In the same context, as long as he does not sleep during working hours, in my opinion, it need not be taken seriously. Section 55 of the Factories Act also states that a worker should be given half an hour of rest if he works for a period of 5 hours. So it can be understood that this break period is for his rest.
As you have not specified the exact timing for the snack break, I am unable to comment.
Trust the matter is clarified.
Regards,
M.V. KANNAN
From India, Madras
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Let us assume that the worker's house is close by, and he goes home during the lunch break. The possibility is that after his lunch, he may take a short nap. This is not visible to you, so it goes unnoticed.
In the same context, as long as he does not sleep during working hours, in my opinion, it need not be taken seriously. Section 55 of the Factories Act also states that a worker should be given half an hour of rest if he works for a period of 5 hours. So it can be understood that this break period is for his rest.
As you have not specified the exact timing for the snack break, I am unable to comment.
Trust the matter is clarified.
Regards,
M.V. KANNAN
From India, Madras
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Dear Prashant,
Responding to your queries:
Can Workers Sleep During Lunch & Snacks Breaks?
Lunch Break or Snack Breaks are meant to give workers time to rest and relax. If someone takes a nap during such break intervals, it would not amount to an act of indiscipline. In other words, yes, a worker can take a nap during such breaks.
Is Sleeping During Working Hours Justifiable as per the Factories Act?
There is no stipulation in the Factories Act that specifically allows or prohibits this.
Regards,
Vasant Nair
From India, Mumbai
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Responding to your queries:
Can Workers Sleep During Lunch & Snacks Breaks?
Lunch Break or Snack Breaks are meant to give workers time to rest and relax. If someone takes a nap during such break intervals, it would not amount to an act of indiscipline. In other words, yes, a worker can take a nap during such breaks.
Is Sleeping During Working Hours Justifiable as per the Factories Act?
There is no stipulation in the Factories Act that specifically allows or prohibits this.
Regards,
Vasant Nair
From India, Mumbai
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This does not fall under the purview of the Factories Act at all. Secondly, sleeping during breaks is not constituted as misconduct. In fact, you should encourage a catnap as it is healthy and very refreshing.
From India, Rajkot
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From India, Rajkot
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(Fact Checked)-[B]Response[/B]: Sleeping during breaks is not governed by the Factories Act, but allowing it depends on company policies. Encouraging short naps can boost productivity. (1 Acknowledge point)
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Factory Act does not clearly define this. Sleeping (or rather relaxing for a short period) during breaks will help to relieve stress levels. If the conduct of the employee does not affect the overall decorum and discipline of the office, I feel it does not amount to misconduct or indiscipline.
Regards,
G. Harikumar
From India, Mumbai
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Regards,
G. Harikumar
From India, Mumbai
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Dear Prashanth, Sleep is a lengthy process. How could a person sleep during breaks? If he/she prefers, they could take a nap; however, not sleep. If an employee/worker is sleeping, then his/her schedule has to be revised. Maybe he/she has had a hectic schedule, and the body and mind cannot take it anymore.
During breaks (lunch/snacks, etc.), it is not advisable to take a nap. In my opinion, it is the only time we get to interact with colleagues, enjoy a cup of tea/coffee/food. It would be refreshing if you could take a walk, listen to some good music, or even play games rather than sleeping or taking a nap. A nap is not advisable unless a person has had a hectic schedule for a few days. You have weekends to sleep, take a nap. Work hard and party harder is what I believe.
Moreover, it may be a bad influence on juniors. I am not able to understand how a person can take a nap or even sleep when there is pending work at the workplace.
If a person can take a nap or sleep during breaks, it means he/she has reached a saturation point at the office/work and should seriously consider a job change.
Regards, Vidhya
From India, Bangalore
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During breaks (lunch/snacks, etc.), it is not advisable to take a nap. In my opinion, it is the only time we get to interact with colleagues, enjoy a cup of tea/coffee/food. It would be refreshing if you could take a walk, listen to some good music, or even play games rather than sleeping or taking a nap. A nap is not advisable unless a person has had a hectic schedule for a few days. You have weekends to sleep, take a nap. Work hard and party harder is what I believe.
Moreover, it may be a bad influence on juniors. I am not able to understand how a person can take a nap or even sleep when there is pending work at the workplace.
If a person can take a nap or sleep during breaks, it means he/she has reached a saturation point at the office/work and should seriously consider a job change.
Regards, Vidhya
From India, Bangalore
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The break which given to workers is for the relax or rest sake only, so it is not a crime or breaking law.. as a human being they also need some breaks..
From India, Bangalore
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From India, Bangalore
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Dear Prashant, Sleeping during rest hours/lunch break/tea break is not a misconduct as per the Factories Act. Take note that they should not sleep in work place. Ravindran.A
From India, Madras
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From India, Madras
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Well Prashant,
During working hours, it is punishable, but during break hours, a person can relax according to his or her wish without disturbing the official environment.
Regards,
Sasmita Sahoo
HR
3i Infotech (vendor company)
From India, Bangalore
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During working hours, it is punishable, but during break hours, a person can relax according to his or her wish without disturbing the official environment.
Regards,
Sasmita Sahoo
HR
3i Infotech (vendor company)
From India, Bangalore
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(Fact Checked)-[response] (1 Acknowledge point)
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I do agree with Mr. Vasant Nair. Lunch breaks or snack breaks are meant to give employees time to rest and relax. If someone takes a nap during such break intervals, it should not amount to an act of indiscipline. In other words, yes, a worker can take a nap during such breaks. However, in an office where breaks are not declared or not being followed by the staff, it is not desired by anyone to take a nap in the working office (even beyond working hours).
Generally, sleeping on duty is considered misconduct in the Employee Handbook, HR manual, or Service Rules. The Factories Act is silent on sleeping during working hours (referring to lunch, dinner, breakfast, snacks, tea breaks). But sleeping on duty is considered misconduct.
Regards,
MATHUR AK
From India, Delhi
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Generally, sleeping on duty is considered misconduct in the Employee Handbook, HR manual, or Service Rules. The Factories Act is silent on sleeping during working hours (referring to lunch, dinner, breakfast, snacks, tea breaks). But sleeping on duty is considered misconduct.
Regards,
MATHUR AK
From India, Delhi
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Dear All, If workers are sleeping on work, what steps (Not legal Action) we need to take so that they will avoid the same and do their best? Please suggest. Regards, Vaibhav
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-[response] Workers sleeping during breaks is not typically allowed as it conflicts with the purpose of the break. Encourage a restful break environment without sleeping. (1 Acknowledge point)
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Yes, it is permissible for any worker/staff to rest during lunch/tea breaks. The security guards, during their duty hours, can relax (meaning they can sit) in a chair, but they should not sleep, as one cannot stand at attention for extended periods.
Furthermore, it is noteworthy that if a worker/staff member takes a nap during lunch hours, they can rejuvenate themselves, leading to a significant boost in productivity.
To manage the break times effectively, you can consider playing some instrumental music at a minimal volume through the PA system. When the music stops, the workers/staff will understand that the break is over and will naturally return to work.
With warm regards,
S. Bhaskar
[Phone Number Removed For Privacy Reasons]
From India, Kumbakonam
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Furthermore, it is noteworthy that if a worker/staff member takes a nap during lunch hours, they can rejuvenate themselves, leading to a significant boost in productivity.
To manage the break times effectively, you can consider playing some instrumental music at a minimal volume through the PA system. When the music stops, the workers/staff will understand that the break is over and will naturally return to work.
With warm regards,
S. Bhaskar
[Phone Number Removed For Privacy Reasons]
From India, Kumbakonam
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The important issue here is where he sleeps during the lunch break. If he sleeps in the office next to his computer, it can create a negative image for other people. However, if he does it somewhere else, for example, in his car, there is no problem. It is important to sensitize staff to sleep for enough hours at night, ideally 7.5 to 8 hours, so they do not feel extremely fatigued during the day.
Regards,
James
From Kenya
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Regards,
James
From Kenya
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(Fact Checked)-The worker can sleep during breaks, but it's advisable to do so in appropriate places, not at the desk. Encouraging adequate sleep is vital. (1 Acknowledge point)
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An employee can sleep during lunch hours. If an employee sleeps during working hours, it constitutes serious misconduct. You may issue a show cause notice for the first instance, and if it is repeated, give a warning letter. Find out the reason why the employee is sleeping during working hours; you may also ask for a medical check-up report. If the behavior persists, you may arrange a domestic enquiry and subsequently terminate the employee's services.
From India, New Delhi
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From India, New Delhi
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Dear Jitendra Singh,
Your sequence of taking action is rather strange.
First, you have suggested issuing a Show Cause Notice (SCN). An SCN is typically issued when making a decision about final punishment. In your post, it seems as if an SCN is just a caution letter for a delinquent employee.
Secondly, you suggested giving him a Warning Letter if the employee is found sleeping for the second time. Here, you need to ask for his explanation for the reason for this repetition and, if necessary, issue a Warning Letter.
Thirdly, you suggested termination without fully investigating the reasons for his repeated behavior of sleeping during working hours.
As a last resort, if he is habitually sleeping during working hours, he should undergo a medical check-up. An SCN should be issued to understand the reasons for these recurring incidents, followed by an inquiry. A reasoned decision should be made regarding the punishment, or suggesting remedial measures to prevent such incidents.
Termination alone is not the solution.
From India, Chandigarh
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Your sequence of taking action is rather strange.
First, you have suggested issuing a Show Cause Notice (SCN). An SCN is typically issued when making a decision about final punishment. In your post, it seems as if an SCN is just a caution letter for a delinquent employee.
Secondly, you suggested giving him a Warning Letter if the employee is found sleeping for the second time. Here, you need to ask for his explanation for the reason for this repetition and, if necessary, issue a Warning Letter.
Thirdly, you suggested termination without fully investigating the reasons for his repeated behavior of sleeping during working hours.
As a last resort, if he is habitually sleeping during working hours, he should undergo a medical check-up. An SCN should be issued to understand the reasons for these recurring incidents, followed by an inquiry. A reasoned decision should be made regarding the punishment, or suggesting remedial measures to prevent such incidents.
Termination alone is not the solution.
From India, Chandigarh
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In my office, which has a separate manufacturing unit, the workers can rest for their own stipulated time. If the lunch hour is 1 hour, they take lunch within 10 minutes and then take a 30-minute nap before returning to work refreshed and on time. Many management personnel follow this principle as it brings a sense of freshness to the work environment.
From Saudi Arabia, Riyadh
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From Saudi Arabia, Riyadh
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I completely agree with Mr. Bhanot. If one is found sleeping on duty frequently, they should be sent for a medical check-up and necessary counseling. It would be disastrous to issue a show-cause notice.
Sleep is an expression of the body's needs, and it is not something you can control at will. I have always appreciated seeing someone in sound sleep; it exhibits peace of mind. Sleep is an inseparable part of life, and generally, it is difficult to control—at times, it is uncontrollable. Most HR professionals who do not engage in manual physical work may not fully appreciate the needs of those performing heavy physical tasks.
As some members have rightly said, in many cases, workers are subjected to 12-hour working days, which goes against legal provisions.
From India, Coimbatore
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Sleep is an expression of the body's needs, and it is not something you can control at will. I have always appreciated seeing someone in sound sleep; it exhibits peace of mind. Sleep is an inseparable part of life, and generally, it is difficult to control—at times, it is uncontrollable. Most HR professionals who do not engage in manual physical work may not fully appreciate the needs of those performing heavy physical tasks.
As some members have rightly said, in many cases, workers are subjected to 12-hour working days, which goes against legal provisions.
From India, Coimbatore
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This depends on company policy. If the lunch break is official and typically 30 minutes, this time should not be included in the actual working hours. The employee can do what they want during this period, ensuring that they return to work immediately after lunch. However, if the lunch break is not official, it means employees can eat lunch while working. In this case, of course, sleeping is not allowed.
Thanks,
From Kuwait, Kuwait
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Thanks,
From Kuwait, Kuwait
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Dear Jitendra Singh,
Your sequence of taking action is rather strange. First, you have suggested issuing a Show Cause Notice. An SCN is normally issued when you are about to make a decision regarding final punishment. In your post, it seems as if an SCN is just a caution letter issued to a delinquent employee.
Secondly, you have suggested giving him a Warning Letter if the employee is found sleeping for the second time. Here, you need to ask for an explanation for the reason for this repetition and, if necessary, issue a Warning Letter.
Thirdly, you suggested to Terminate him upon knowing the reasons for his repeatedly falling asleep. However, as a last resort, if he is found habitually sleeping during working hours, he should undergo a medical check-up. An SCN should be issued to him to determine the cause of the recurring incidences, followed by an inquiry and a well-reasoned decision regarding the punishment to be given or not. If punishment is deemed necessary, the quantum of punishment should be decided, or remedial measures should be suggested to prevent such incidents from occurring.
Termination alone is not the solution.
You are absolutely correct, Mr. Bhanot, and this is an ideal Line of Action. I suggested the SCN primarily to understand the cause/reasons for sleeping during working hours. When we receive the explanation against the SCN, we should then give him a warning letter/caution letter depending on his explanation.
I agree that termination is not the solution, but in some cases, it becomes necessary. We should terminate an employee when it is proven through a medical check-up/domestic inquiry that the employee is habitually or willfully engaging in this behavior. Failing to take action will have a negative impact on other employees. Sufficient chances should be given to the employee before such action is taken.
Regards
From India, New Delhi
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Your sequence of taking action is rather strange. First, you have suggested issuing a Show Cause Notice. An SCN is normally issued when you are about to make a decision regarding final punishment. In your post, it seems as if an SCN is just a caution letter issued to a delinquent employee.
Secondly, you have suggested giving him a Warning Letter if the employee is found sleeping for the second time. Here, you need to ask for an explanation for the reason for this repetition and, if necessary, issue a Warning Letter.
Thirdly, you suggested to Terminate him upon knowing the reasons for his repeatedly falling asleep. However, as a last resort, if he is found habitually sleeping during working hours, he should undergo a medical check-up. An SCN should be issued to him to determine the cause of the recurring incidences, followed by an inquiry and a well-reasoned decision regarding the punishment to be given or not. If punishment is deemed necessary, the quantum of punishment should be decided, or remedial measures should be suggested to prevent such incidents from occurring.
Termination alone is not the solution.
You are absolutely correct, Mr. Bhanot, and this is an ideal Line of Action. I suggested the SCN primarily to understand the cause/reasons for sleeping during working hours. When we receive the explanation against the SCN, we should then give him a warning letter/caution letter depending on his explanation.
I agree that termination is not the solution, but in some cases, it becomes necessary. We should terminate an employee when it is proven through a medical check-up/domestic inquiry that the employee is habitually or willfully engaging in this behavior. Failing to take action will have a negative impact on other employees. Sufficient chances should be given to the employee before such action is taken.
Regards
From India, New Delhi
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Feeling sleepy? It's all right. Some call it laziness; I call it deep thought. This piece of wisdom from Garfield, the comic strip fat cat with droopy eyes, seems to have encouraged a Bangalore-based company to allow its employees to take a 45-minute post-lunch nap.
The software product development firm believes that this will help employees relax and stay active for the rest of the day. After lunch, all lights are switched off, and employees stretch out wherever comfortable. Some even bring their own mattresses and pillows.
"It is really refreshing. It recharges our batteries to go on for the rest of the day," said an employee. The clients of the firm have been told not to disturb them during their power nap.
From India, Kochi
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The software product development firm believes that this will help employees relax and stay active for the rest of the day. After lunch, all lights are switched off, and employees stretch out wherever comfortable. Some even bring their own mattresses and pillows.
"It is really refreshing. It recharges our batteries to go on for the rest of the day," said an employee. The clients of the firm have been told not to disturb them during their power nap.
From India, Kochi
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Sleep has to do with the rhythm of the body. In the morning, when you are awake, you are fresh and active. The graph will slowly go down by afternoon, and you feel sleepy. After some rest, the graph will go up again, and by late evening, it will go down when you feel sleepy. This is very natural and hence should be looked at with sympathy.
From India, Coimbatore
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From India, Coimbatore
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For an act of sleeping while on duty, even if it is habitual, the punishment to be inflicted upon the concerned workman has to be in reasonable proportion to the misconduct committed. Termination or dismissal is not always the answer. The Labour Court is most likely to find the punishment of dismissal too harsh in view of the misconduct committed and may order a lesser punishment.
I will also request you to please reread the response posted by Mr. Raj Kumar. If you do that, you will find that Show Cause Notice and Charge Sheet have different meanings/implications and one cannot be a substitute for the other.
Vasant Nair
"You are absolutely correct, Mr. Bhanot, and this is an ideal Line of Action; I suggested SCN first of all to know the cause/reasons for sleeping during working hours. When we receive the explanation against SCN, then we should give him a warning letter/caution letter, and this depends on his explanation.
I agree that termination is not the solution. But in some cases, this becomes necessary. We should terminate an employee when it is proven by medical checkup/domestic enquiry that the employee is habitually or willfully doing this. If we do not take action, this will have a negative effect on other employees. We should give sufficient chances to the employee before taking such action."
From India, Mumbai
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I will also request you to please reread the response posted by Mr. Raj Kumar. If you do that, you will find that Show Cause Notice and Charge Sheet have different meanings/implications and one cannot be a substitute for the other.
Vasant Nair
"You are absolutely correct, Mr. Bhanot, and this is an ideal Line of Action; I suggested SCN first of all to know the cause/reasons for sleeping during working hours. When we receive the explanation against SCN, then we should give him a warning letter/caution letter, and this depends on his explanation.
I agree that termination is not the solution. But in some cases, this becomes necessary. We should terminate an employee when it is proven by medical checkup/domestic enquiry that the employee is habitually or willfully doing this. If we do not take action, this will have a negative effect on other employees. We should give sufficient chances to the employee before taking such action."
From India, Mumbai
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Dear Prashant, any employee is still bound by all the rules and regulations of the company until they leave through the main gate. As per the Factory Act/Standing Orders, lunch/tea periods/breaks are provided for having some food for freshness/rest only, not for sleeping or other activities, etc.
Regards,
D.N. Sharma - GGN - HR.
From India, Delhi
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Regards,
D.N. Sharma - GGN - HR.
From India, Delhi
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(Fact Checked)-[response] The user's reply is mostly correct. However, it's important to note that some industries or specific job roles may allow for short naps during designated break times. Factories Act emphasizes rest and refreshment during breaks. (1 Acknowledge point)
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can worker sleep in his duty hours after achieving the target of production
From India, New Delhi
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From India, New Delhi
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Sleeping on Duty and Break Time Policies
Sleeping on duty is termed as misconduct. However, if an employee takes rest or sleeps during the permitted break time, it will not be considered misconduct and cannot initiate disciplinary action. There are many companies in India that even provide mats/beds, pillows, and allow employees to sleep or rest from the start of break time until it is over. Hence, they can resume duty after the break.
From India, Kochi
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Sleeping on duty is termed as misconduct. However, if an employee takes rest or sleeps during the permitted break time, it will not be considered misconduct and cannot initiate disciplinary action. There are many companies in India that even provide mats/beds, pillows, and allow employees to sleep or rest from the start of break time until it is over. Hence, they can resume duty after the break.
From India, Kochi
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(Fact Checked)-The user reply is [B]correct[/B]. Thank you for the detailed explanation and insights. (1 Acknowledge point)
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(Fact Checked)-[The user reply is correct. Resting or sleeping during lunch or snack breaks is generally acceptable as long as it does not disrupt work operations.] (1 Acknowledge point)